Sanjay Kumar Sharma @ Sanjay Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29785 of 2016 Arising Out of PS.Case No. -77 Year- 2015 Thana -MAHILA P.S District- SUPAUL ====================================================== Sanjay Kumar Sharma @ Sanjay Sharma, Son of Shri Gugli Sharma, resident of Village- Batram Chakla, Police Station- Raghopur, DistrictSupaul. .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Arun For the Opposite Party/s : Mr. Dr. Rabindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 28-07-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered for the offences punishable under Sections 366(A), 376/34 of the Indian Penal Code and Section 6 of POCSO Act. According to prosecution case itself, the informant was in constant touch with petitioner and she used to talk with him on mobile. Furthermore, the informant says that on 06.09.2015 she along with her friend went to see fair on the call of the petitioner and after that petitioner and one co-accused took her on motorcycle and she was brought to the relative of petitioner and from where she was taken at different

Patna High Court Cr.Misc. No.29785 of 2016 (2) dt.28-07-2016 2/3 places and in the meantime, petitioner established physical relation with her on false promise of marriage. She further claims that she was got boarded in a bus by the petitioner and after that owner of the aforesaid bus brought her to Mahila Help Line and then she lodged the present case on 01.10.2015. Submission on behalf of the petitioner is that no such occurrence, as alleged in the first information report, did ever take place and even if the first information report assumed to be true, then also, the fact of the present case goes to show that informant was a consenting party. It is further submitted that the informant disclosed her age as 16 years but as a matter of fact, she was major at the time of alleged occurrence. It is further submitted that informant herself claimed that she left her home on 06.09.2015 and went to Mahila Help Line on 01.10.2015 but it is surprising enough that between the aforesaid period her family members did not take any pain to lodge the case or to give information to any other person.

Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount

Patna High Court Cr.Misc. No.29785 of 2016 (2) dt.28-07-2016 3/3 each to the satisfaction of 1st Additional Sessions Judge, Supaul in connection with POCSO Case No. 26 of 2015 arising out of Supaul Mahila P.S. Case No. 77 of 2015. (Hemant Kumar Srivastava, J) SHAHZAD/- U T